(Solved Homework): The An examination to the door to against the cabi- ury relying on the e recover? thoroughly familiar…

the An examination to the door to against the cabi- ury relying on the e recover? thoroughly familiar with them. The rear of the nd a of the plaintifs mower is embossed withus Keep Hands &t Feet From Under Mower. THe aning tion booklet twice advises the operator to mo.inu lengthwise, not up and down. While mowin down, the plaintiff fell and lifted the mower o feet. The plaintiff sues, using strict liability as his th Should the plaintiff recover? Explain. wer. The ow slopes g up and onto his eory jured during a nkey she was l off. She sued the at will be the likely 10. Maude bought a plastic waste container; and when she got it home, she found the lid did not fit properly on the top of the container. In an attempt to make it fit, she hit the corner of the lid with her hand and suf- fered a deep gash in her hand. Will Maude successfully recover on a theory of strict liability against the manu- facturer of the plastic waste container? Explain. urant, was shot angry because er and fled. Is the ence? Why? She had slipped e stepped on a store. Prior to the or sign approxi- door and had rea periodically rainy days. What
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The An examination to the door to against the cabi- ury relying on the e recover? thoroughly familiar with them. The rear of the nd a of the plaintif’s mower is embossed withus “Keep Hands &t Feet From Under Mower.” THe aning tion booklet twice advises the operator to mo.inu lengthwise, not up and down. While mowin down, the plaintiff fell and lifted the mower o feet. The plaintiff sues, using strict liability as his th Should the plaintiff recover? Explain. wer.” The ow slopes g up and onto his eory jured during a nkey she was l off. She sued the at will be the likely 10. Maude bought a plastic waste container; and when she got it home, she found the lid did not fit properly on the top of the container. In an attempt to make it fit, she hit the corner of the lid with her hand and suf- fered a deep gash in her hand. Will Maude successfully recover on a theory of strict liability against the manu- facturer of the plastic waste container? Explain. urant, was shot angry because er and fled. Is the ence? Why? She had slipped e stepped on a store. Prior to the or” sign approxi- door and had rea periodically rainy days. What

Expert Answer

Answer

10: Maude: Doctrine of strict liability states that negligence does not need to be proved. However, in this case, she caused an accident by doing something for which the product was not intended to built. Hence, it won’t be applicable.

8. Smith: The Primary theory of recovery relies on the following: negligence, tortius misrepresentation, breach of warranty and strict liability in tort

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Since, Smith himself was operating the lawn mover, there was no negligence on part of owner. In the season of snowfall, it is expected that snow will be there all across and a reasonable prevention shuld have been taken by Smith. It was neither a breach of warranty in any way. However, as per strict liability Smith is entitled to get compensation since he was using someone’s assets and has been injured during the process. If the defendant successfully argues that Smith has used the lawn mover negligently causing injury to him, in that case, he will not be entitled to compensation.

6. Doctrine of comparative fault or responsibility ensures that it is determined who was at faut by how much % and then award compensation. If it was a case related to seeking damages to the vehicle , then defendant has a ground to lose. However, if it is a case of injury, then (1) Primarily it will be fault of plaintiff as he was not wearing seat belt. If he would have been wearing a seat belt , the injury could have been avoided.

3. She was taking part in a sport with complete situational awareness of what could have happened. She will not be entitled to damages.

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